Michael Hales' answer I've seen a few timeshare companies in Mexico get aggressive when it comes to past-due maintenance fees. The typical method is to hire a collection agency and report the delinquency to the credit bureaus. I wrote a bit about this recently and you can access my article here: https://skidmorehales.com/article
Michael Hales' answer Yes, I believe you have 7 days to cancel a timeshare signed in Virginia. Check your contract for exactly how to cancel and make sure you follow the procedure exactly. Speak with an attorney if you have any questions.
Michael Hales' answer Goodness no! This is a common scam to have you wire money. No such requirements exist to transfer a timeshare in Mexico. Once you send it, the money is gone and you probably won't be able to get anything back. I wrote an article about these types of scams a while back that you can access here: https://skidmorehales.com/article
I hope that helps, but let me know if you have any questions.
Michael Hales' answer In Florida, the answer is yes. Under most association bylaws, the revenue generated from the sale will likely go to the homeowners' association. Let me know if you have any follow up questions.
A while back, I wrote an article about timeshares for my state bar that you may find helpful. You can access it at: https://skidmorehales.com/article
Michael Hales' answer I'd be wary of any attorney that tells you this. I've practiced law in Florida for many years and when I've helped clients get out of a timeshare, they will often receive a 1099 when the timeshare cancels the loan/mortgage. However, if the loan that was cancelled was $13k, the form will also report that the value of the timeshare surrendered back to the timeshare company was worth $13k, meaning that the transaction is tax neutral. There are a lot of timeshare scams out there that spread...
Michael Hales' answer The easiest thing to do in this situation is go to your local social security office and start the process there. You may need to involve a lawyer to challenge your mother as payee for your brother, but I'd start with the local office and ask for their assistance first.
Michael Hales' answer Small timeshare resorts are often purchased by larger companies that seek to bring the new owners into compliance with their general policies. They can typically do this so long as the new ownership terms are not seriously different than those accepted when you signed your original document. Of the changes you listed, I think your first (changing how you are charged) may be the biggest issue and may allow you to cancel or find other relief. However, it will be impossible to know without...
Michael Hales' answer All states require the recession period to be in writing. I wrote about this an article for my state bar over a year ago with some tips that you and your attorney may find helpful. You can access it here: https://skidmorehales.com/article
It also has some advice on how to avoid the myriad of timeshare scams. Best of luck and please let me know if you or your attorney have additional questions.
Michael Hales' answer Unless your contract documents saying something to the contrary, the answer to this depends on if the new company has materially altered the terms of your prior agreement. Companies are generally allowed to increase maintenance fees, but only up to a reasonable amount (usually 2-5% per year). But I'd recommend having an attorney review the documents.
Answered on Nov 6, 2018
Michael Hales' answer If the timeshare is your only debt, I recommend contacting the timeshare developer directly or through an attorney to offer it back to them in return for a discharge of the debt you owe. They frequently agree to this when I approach them on behalf of clients.
Michael Hales' answer Although you don't have a writing, it appears that you have evidence that a contract was entered. It will now be an issue of forcing delivery. Please contact an attorney if you need assistance.
Michael Hales' answer It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here: https://skidmorehales.com/article
Michael Hales' answer I'd be happy to help. I did write an article about timeshare exit companies that you can find here: https://skidmorehales.com/article
The short of it is that timeshare exit companies tend to be scams. They ask for money up front and do little to help timeshare owners. In fact, they cause great harm by triggering the owner's default on fees/loans, meaning that their credit scores often take a hit. But please let me know if you have a more specific question.
Michael Hales' answer If Arizona's community property laws are like ours here in Idaho, you shouldn't have to sign off on anything. If the ex does not want the timeshare anymore, she can sign it over to your husband, or she can take it. Based on my experience with timeshares, I'd recommend trying to give it to her, but please let me know if you have questions about the process or options to clean up the ownership.
Michael Hales' answer It's possible, but title to timeshares are typically takes with both owners being joint and severally liable. Meaning that you are responsible to pay if he does not. I suppose that you could sue on equitable claims, but it may be difficult.
In these situations, clients have often hired me to make a deal with the other owner. I usually offer to give the timeshare to the ex or offer to take the timeshare off the ex's hands. Sometimes I've negotiated a price during these, but that will...
Michael Hales' answer I would probably have to review the agreement, but in most cases, these can be cancelled by having an attorney contact the collection agency. Please let me know if you have any questions about this process.
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